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WO/GA/34/16 Prov E WO/GA/36/13 ORIGINAL: English WIPO DATE: September 29, 2008 WORLD INTELLECTUAL PROPERTY ORGANIZATION GENEVA WIPO GENERAL ASSEMBLY Thirty-Sixth (18th Extraordinary) Session Geneva, September 22 to 30, 2008 REPORT adopted by the General Assembly 1. The General Assembly was concerned with the following items of the Consolidated Agenda (document A/45/1): 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 22, 23, 25 and 26. 2. The reports on the said items, with the exception of items 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 23, are contained in the General Report (document A/45/5). 3. The reports on items 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 23, are contained in the present document. 4. Mr. Martin I. Uhomoibhi (Nigeria), Chair of the General Assembly, and, in his absence Mrs. Laura Thompson Chacón (Costa Rica), Vice-Chair of the General Assembly, presided over the meeting. WO/GA/36/13 page 2 ITEM 4 OF THE CONSOLIDATED AGENDA: APPOINTMENT OF THE NEW DIRECTOR GENERAL 5. Discussions were based on documents WO/GA/36/1 and 12. 6. The Chair of the General Assembly drew the attention of the delegates to decision paragraphs 6 (i) and (ii) in the said document and announced that the General Assembly’s intention would be to initially deal only with paragraph 6(i) and then proceed to establish a working group for paragraph 6(ii) whose report would be presented to the Assembly, on September 26, 2008. He then invited the Chair of the WIPO Coordination Committee to introduce the subject. Nomination to the Post of Director General of WIPO 7. The outgoing Chair of the WIPO Coordination Committee, Mrs. Hilde Skorpen, stated that in her capacity as Chair of the Coordination Committee, she had held consultations with all Member States to discuss and agree on the procedure for the nomination of the Director General. She said that all the 15 candidates for the post of Director General were invited to, and attended an informal meeting where the candidates presented their views and answered questions posed by the Member States. She had also organized the test run of the nominations before the formal session of the Coordination Committee. The Coordination Committee, in applying the agreed principles for nominations, was able to nominate a candidate in one day. She drew the attention of the Member States to the report of the Fifty-Eighth (20th Extraordinary) Session of the WIPO Coordination Committee that was held on May 13, 2008, which is document WO/CC/58/4. In paragraph 82 of the said document, she quoted “the Coordination Committee nominated Mr. Francis Gurry as the candidate for appointment to the post of Director General for WIPO” and paragraph 83, which stated that “this report was adopted by the Coordination Committee on June 20, 2008”. She then invited the General Assembly to, as recommended by the Coordination Committee, appoint Mr. Gurry as the new Director General for WIPO. 8. The Chair of the WIPO General Assembly stated that the Assembly’s sadness in taking leave of Mr. Kamil Idris was mitigated only by the uplifting task that was now before the Assembly as it considered the nomination of the successor of such outstanding merit and abilities. The Chair said that Mr. Gurry stood before the Member States as the nominee for the next Director General of WIPO, following his nomination by the Coordination Committee on May 13, 2008. He was nominated from among a strong line up of candidates after winning four rounds of voting. Mr. Gurry’s win in the final round by a majority of 42 to 41 votes was certainly close and certainly not a landslide. The Chair said that in the period immediately following the Coordination Committee meeting, one or two Member States expressed some disappointment or concern about the close results. However, there can be no dispute that Mr. Gurry’s win was an entirely fair and honorable one in full accordance with the constitutional rules of WIPO and conducted under a fair and transparent nomination process. He said that nor could there be any doubt that Mr. Gurry is a candidate with the highest level of integrity, dedication, experience and expertise, who is committed to ensuring that intellectual property serves the needs of all countries at all stages of development and who is also supremely well qualified to lead WIPO to success in rising to the best challenges ahead. He said that the General Assembly was today asked to approve the Coordination Committee’s nomination of Mr. Gurry as the candidate for appointment to the post of WO/GA/36/13 page 3 Director General of WIPO. He said that he was happy to preface this by informing the Assembly of the extremely positive correspondences from all the Groups of WIPO reaffirming their endorsement of the outcome of the electoral process conducted in May 2008 by the Coordination Committee which nominated Mr. Gurry for the post of Director General. 9. The Chair stated that the Groups requested consistency with established practice throughout the United Nations specialized agencies and therefore wished that the appointment of Mr. Gurry by the General Assembly be carried out by acclamation. He said that consequently, and in line with these requests and in the best interest of consensus and harmony within the Organization, he proposed, as Chair of the General Assembly, that the latter approve the nomination of the Coordination Committee and appoint by acclamation Mr. Gurry as Director General of WIPO. Appointment of Mr. Francis Gurry as Director General of WIPO 10. On the basis of the nomination made by the Coordination Committee, the General Assembly appointed, unanimously and by acclamation, Mr. Francis Gurry as Director General of WIPO. Thus the conditions required as far as the Assemblies of the Paris and Berne Unions are concerned were also fulfilled. 11. After acclamation by the General Assembly, the Chair expressed his profound thanks and gratitude to the General Assembly for the candid expression of faith and confidence in the democratic process as carried out in May and the Member States’ vote of confidence in the Director General, who was no longer Director General-Nominee but was now the incoming Director General, Francis Gurry. The Chair of the Assembly congratulated the incoming Director General and invited him to make a statement. 12. Mr. Gurry made the following statement: “Your Excellency, Ambassador Martin Uhomoibhi, Chair, WIPO General Assembly, Dr. Kamil Idris, Director General, WIPO, Honorable Ministers, Your Excellencies, Distinguished Delegates, “Thank you for the honor that you accord me, and for the trust that you place in me, by appointing me to the post of Director General of the World Intellectual Property Organization (WIPO). “The process leading to your decision this morning has been a long, at times tense and always interesting one. The successful conclusion of that process owes much to two persons whom I should like to acknowledge at the outset. In the first place, may I mention the Chair of the WIPO General Assembly, Ambassador Martin Uhomoibhi. Ambassador Uhomoibhi took up the mantle following the Coordination Committee’s nomination and has, with his characteristic wisdom, calm authority and exemplary diplomatic acumen, brought the Organization from the stage of a nomination to that of an appointment. He has also played an outstanding role in shepherding the Organization through a period of transition and has worked with and advised both Dr. Idris and myself to ensure a smooth passage through the transition. We are all indebted to you, Ambassador Uhomoibhi, and, in particular, I. WO/GA/36/13 page 4 “I should like to acknowledge also Dr. Hilde Skorpen, the Chair of the WIPO Coordination Committee, who had the unenviable task of leading the six-month long process that led to the nomination of a new Director General by the WIPO Coordination Committee in May of this year. Dr. Skorpen’s patient and transparent search for procedures that could be accepted by consensus by all the members of the Coordination Committee, and her efficient and impartial conduct of the meeting at which the election took place, have placed all of us in her gratitude. “For my part, as you know, I was originally nominated, and have throughout the process been assisted and supported, by the Government of Australia. I should like to extend my thanks to the Government of Australia, Ambassador Caroline Millar, Permanent Representative of Australia to the United Nations at Geneva, Ambassador Bruce Gosper, Permanent Representative of Australia to the World Trade Organization, and the staff of the Department of Foreign Affairs and Trade, the Attorney-General’s Department and IP Australia, particularly those at the Australian Permanent Missions in Geneva. I thank them for their support, their hard work, their careful and astute advice and their companionship. “From the time of the nomination of the Coordination Committee, I ceased to be the nominee of Australia and became the nominee of the Coordination Committee. Many persons, from Governments and Permanent Missions, in particular, the Group Coordinators, and from the staff of WIPO, especially the Transition Team, have provided invaluable advice to me since the nomination of the Coordination Committee. I should like to thank them also for their advice and for their support. Many of you will recognize echoes of your advice in what I have to say this morning and in the future program of the Organization. I hope that you will receive these playbacks as signs of open collaboration within the Organization, rather than as violations of your copyright. To all Member States and to all staff, whether you may have supported my nomination before the Coordination Committee or preferred another solution, I assure you that I will be working with, and for, all Member States and doing whatever lies within my competence to overcome divisions and to seek positions and decisions that can find the broadest possible support among the Member States of the Organization.
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